27 January 2006
This is a statutory quarterly meeting of Commissioners in terms of Section
6.1© of Restitution of Land Rights Act, No 22 of 1994 as amended to inform the
public of progress made in settlement of claims. The meeting is at a time when
the nation is focusing on how to achieve the 6% economic growth through the
accelerated and shared economic initiative (ASGI). The role of restitution
towards achieving the accelerated and shared economic growth focuses on poverty
alleviation, job creation, and a better life for all the people of South
Africa, which will result in development and improvement of the quality of
life.
The progress in terms of settlement of claims to date is as follows:
A. There were over 79 696 claims lodged with the Commission nationally. To
date 68 730 have been settled and which have benefited 186 862 households.
About 1 007 247 hectares (ha) with a total land cost of R2,2 billion have been
restored to claimants. On the other hand more than R2,3 billion have been paid
out as financial compensation to urban claimants. Of the 68 730 claims settled
nationally, 18 749 claims are for land restoration on which development took
place in both urban (15 060) and rural (3 689) areas. About 12% of the claims
settled were rural, while 88% were urban. The outstanding urban claims are
prioritised for settlement within the current financial year. The remainder of
the rural claims (7 000) is scheduled for settlements over two years ending in
March 2008. The Commission and the Department of Land Affairs have allocated
development grants amounting to R677 million for planning and development of
the land delivered to the claimants.
B. The Eastern Cape has settled claims totalling 16 040, benefiting 42
178 households. The amount of land delivered is 56 686 hectares (ha) with a
total land cost of R211 million. R586 million have been paid out as financial
compensation to the claimants. The Department of Land Affairs has allocated
development grants amounting to R98,6 million for planning and development of
the land delivered to the claimants.
C. Post settlement support
The need for post-settlement support was identified as early as the
inception of the Land Reform Policy. The White Paper on South Africa land
policy provides for a ten-year period for the implementation of all restitution
awards including the court orders and awards given by the Minister through
Section 42(D) of the Restitution Act. The challenge for restitution is and has
always been to ensure that after the land has been restored and delivered to
the claimants, it must be used productively, efficiently and sustainably. The
current sustainability of land reform, more particularly restitution depends on
the success of the post- settlement support.
When the state settles the claims where people have chosen physical
restoration of their land and development, there are financial grants that are
attached to the settlement of the claim for planning and developmental
purposes. The post-settlement in restitution depends on the nature of the
settlement. For instance, it can take the form of a township establishment,
housing, agriculture and commercial farming nature, eco-tourism projects or
infrastructure development.
The nature of settlement determines the form of assistance and intervention
required. There is always a need to come up with a strong post-settlement
support that contributes to economic growth, poverty reduction and unemployment
reduction. There is a need for restitution post-settlement support that
provides the necessary skills that are required by the present-day economy.
The purpose of post settlement is to provide support to beneficiaries of
settled claims for planning, implementation and capacity building to take
place. The approach is an integrated one where different institutions play
various roles such as fund administration, project management, resource
allocation and technical support.
The process map for post settlement is illustrated below:
Development stage deliverables
Phase 1: Interim management plan
1. Provisional management plan (PROMP)
2. Service level agreement
3. Lease agreement
4. Plan clearly stating the communityâs role
Phase 2: Project feasibility
1. Project profile report
2. Socio â economic report
3. Land use feasibility including EDST report if applicable
4. Application for the release of Grants
Phase 3: Project planning
1. DP inclusion road map (with local municipality)
2. Project business plan
3. Provisional management plan (whenever applicable)
4. Implementation plan
Phase 4: Business modelling
1. Templates for business initiatives
2. Implementation of different business models
Phase 5: Resource mobilisation
1. Financing strategy on different financing models
2. Financing agreements on various business models
Phase 6: Stakeholder relationship / strategic partnership
1. Stakeholder analysis (and nature of participation)
2. Service level agreements
3. Agreements / commitments with Strategic partners
Phase 7: Capacity development
1. Report on needs identified
2. Funding strategy
3. Training programme
4. Stakeholder commitment for training
Phase 8: Project implementation
1. Implementation plan,
2. Memorandums of Understanding on IDP integration,
3. Implementation agreements,
4. Handover agreement
5. Commissionâs exit strategy
Various stakeholders have been involved in the restitution development
projects. Municipalities have played a vital role in planning and
implementation of restitution development projects, e.g.
* Amathole District Municipality in collaboration with local municipalities
such as Amahlathi and Mbashe have played a role in fund administration, and as
a developer for Chata in Keiskammahoek and Dwesa-Cwebe in Willovale/Elliotdale
area;
* Makana local municipality has assisted in implementation of housing
development in Farmerfield whilst Cacadu district municipality assisted with
bulk services;
* Buffalo City have is providing technical support, fund administration and
assisting in provision of bulk services.
The Department of Local Government and Housing in conjunction with various
municipalities is assisting in settlement projects such as Lowerblinkwater,
Farmerfield, Tstitsikama, etc. The 56 household community of Farmerfield that
was removed in 1962 and dumped at Mimosa near King Williamâs Town has been
restored to their original land. The restoration of Farmerfield claimants
marked the construction of 56 houses. The Farmerfield community was a victim of
the consolidation of the Ciskei homeland as well as the whitening of the rural
South Africa, when they were forcibly removed from their ancestral land near
Grahamstown to Mimosa near East London. In the settlement of this claim we had
to expropriate portion 7 of Farm Klipheuvel measuring 252,5899 ha for the
resettlement of these beneficiaries. Various stakeholders have played a pivotal
role in the settlement development of this community, including Cacadu District
Municipality, Makana Local Municipality, Isandla Development Partners, the
Eastern Cape Agricultural Research Project (ECARP) and the Legal Resource
Centre. This is the first restitution rural housing project in the Eastern Cape
that has been developed through an integrated approach.
Other institutions such as National Development Agency and Land Bank are
assisting on capacity building. Parastatals such as Uvimba will assist in fund
administration in some projects such as Mkambati Nature Reserve. The Mkambati
land claim was approved and settled in 2004 by the Minister of Agriculture and
Land Affairs Thoko Didiza with a settlement amount of R44,5 million. The Trust
constitutes various stakeholders, e.g. Department of Agriculture, Department of
Water Affairs and Forestry, the provincial Department of Economic Affairs,
Environment and Tourism and OR Tambo District Municipality. The main tasks of
the Trust include but are not limited to establishing agricultural projects,
eco-tourism and mobilising more funds for further developments.
Uvimba Finance will provide Fund Administration function to the Mkambati
restitution development claim.
Further Enquiries: Mr Zama Memela, Project Manager: Head of Communications
RLCC - Eastern Cape
Tel: 043 743 3824
Fax: 043 743 3687
Issued by Department of Land Affairs
27 January 2006
